Daley proposes new handgun ordinance

In announcing his new handgun proposal, Mayor Richard Daley said he "must balance the interests of abiding by the U.S. Supreme Court's ruling with my responsibility to protect the people of Chicago and keep them safe." (Nancy Stone, Chicago Tribune)

For the first time in decades, it would be legal for Chicagoans to keep handguns in their homes, under a proposal that Mayor Richard Daley announced Thursday in response to this week's U.S. Supreme Court decision that gutted the city's handgun ban.

The proposed city ordinance, which is expected to win full City Council approval Friday, includes many limitations and requirements, including the exclusion of garages, porches and outside stairs from the definition of a home. The restrictions could trigger a legal challenge from at least some of the pro-gun forces that put the gun ban on its death bed.

"There are numerous problems," said Alexa Fritts, a spokeswoman for the National Rifle Association. "It is extremely restrictive and completely against the intent of the Supreme Court ruling.

"It is ludicrous for someone to fear prosecution for fending off an attacker in their garage," she added.

But top city attorney Mara Georges said what city leaders are calling the Responsible Gun Ownership Ordinance was designed to withstand any court challenge.

The city did back off on some proposals it was considering, such as requiring all handgun owners to acquire special liability insurance and limiting the number of handguns in each home to one for each qualified person. Both of those provisions could have been struck down by the courts, Georges said.

"I know there will be some, especially gun extremists around the nation, who will object to what we're working to accomplish," Daley said. "…

Others might say we haven't gone far enough, but as mayor, I must balance the interests of abiding by the U.S. Supreme Court's ruling with my responsibility to protect the people of Chicago and keep them safe."

Although the handgun ban, which would be replaced by the new proposal, was approved in 1982 under then Mayor Jane Byrne, Daley has adopted the cause as his own. In response to allegations that it has proved ineffective in quelling crime, Daley often says the ban was worth it even if it saved "just one life."

The new law would allow each qualifying gun owner in a home to buy one handgun a month after obtaining a Chicago firearm permit that requires five hours of weapons training. That permit would then allow its holder to register each handgun, as required by the city.

People who have committed violent crimes or have two or more convictions for driving under the influence of drugs and alcohol, would not qualify for the city gun permit.

The proposed law also makes it illegal to sell guns in the city, and it bans shooting galleries and target ranges.

At the urging of Ald. Edward Burke, 14th, anyone convicted of a gun offense who lives, works or attends school in the city would be required to register with the Police Department. The resulting registry, which could include more than 100,000 names, would be posted online.

Although the NRA quickly came out in opposition to the new Chicago proposal, other gun-rights groups took more of a wait-and-see attitude.

"We are pleased that the more radical proposals are gone and we think at the end of the day, the people of Chicago will be able to assert their rights," said Alan Gura, the lead attorney in the lawsuit that gutted the ban. "We are cautiously optimistic."

But he questioned whether the prohibition on gun sales would hold up.

Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, said the city's new ordinance is similar to the one passed in Washington, D.C. after its handgun ban was overturned two years ago.

"Chicago had to figure out what they could do that would pass constitutional muster, and a lot of that was based on what D.C. has already done," said Helmke. "Anything the city does will probably be subject to lawsuits, but it is best to have the strongest law that you can defend."